- ADMINISTRATION AND ENFORCEMENT
(a)
The Zoning Administrator is hereby designated as the administrative and enforcement officer for the provisions of this ordinance. For such duties they may be provided with the assistance of such additional persons as they may designate.
(1)
Designated. The village board shall designate a zoning administrator for the village, under the terms of a separate agreement between the zoning administrator and village.
(2)
Term, appointment, and duties. The Zoning Administrator shall be appointed for an indefinite term subject to agreement between the zoning administrator and village. The Zoning Administrator shall have the following powers and duties:
a.
Advise applicants of the provisions of this ordinance; assist them in preparing permit applications and appeals and assure that the regional flood elevation for the proposed development is shown on all permit applications.
b.
Promulgate policies and procedures as necessary to administer and enforce this Code.
c.
Determine that all zoning permit applications and their constituent plans, sign permit applications and their constituent plans, and site plans comply with all the provisions of this Chapter.
d.
Keep records of all official actions such as: All permits issued, inspections made, work approved, maintain documentation of certified lowest floor and regional flood elevations for floodplain development, and maintain records of water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments.
e.
Investigate, prepare reports, and report violations of this ordinance to the appropriate municipal zoning agency and the municipal attorney for prosecution.
f.
In case of any finding of a violation of a provision of this Code, notify in writing, the actual violator where known, owner of the property on which the violation has taken place and the Village Board, indicating the nature of the violation and the action necessary to correct it. Following such notice, issue citations for violations of this Code.
g.
Carry out such additional responsibilities as are hereinafter set forth by the provisions of this ordinance.
(3)
Authority: In the enforcement of said ordinance, the Zoning Administrator shall have the power and authority for the following:
a.
At any reasonable time and for any proper purpose to enter upon any public or private premises as provided by law and make inspection thereof.
b.
Upon reasonable cause or question as to proper compliance, to revoke as provided by law any Building Permits or occupancy permit, and issue cease and desist orders requiring the cessation of any building, moving, alteration or use which is in violation of the provisions of this ordinance, such revocation to be in effect until reinstated by the Zoning Administrator or the Board of Appeals; or take any other action as directed by the Village Board to ensure compliance with or to prevent violation of its provisions.
c.
In the name of the Village and with authorization of the Village Board commence any legal proceedings necessary to enforce the provisions of this ordinance, including the collection of forfeitures provided for herein.
(Ord. No. 2024-6-24, 10-28-2024)
(a)
Zoning complaints.
(1)
The Zoning Administrator shall only require follow-up and investigation to complaints, that pertain to the Zoning Code, from the public when one of the following events occur:
a.
The complaint is received verbally, or written, to the Zoning Administrator from a Village Board member.
b.
When two (2) or more written forms about the same complaint are received from separate individuals from separate addresses.
(2)
Upon a valid zoning complaint being filed with the Zoning Administrator per the above:
a.
The Zoning Administrator shall investigate the complaint to determine the validity and next course of action. Such action may include a site visit, a discussion with the property owner, and/or a written letter.
b.
Once a zoning violation appears affirmed the Zoning Administrator will write a letter to the property owner detailing the complaint and potential remedies. Property owners will have no more than thirty (30) days to remedy a violation.
c.
If continued violations occur the Zoning Administrator may work with the Village Attorney and Sheriff on potential legal action including fines.
(Ord. No. 2024-6-24, 10-28-2024)
(a)
Districts mapped: The Village of Raymond is hereby divided into zoning districts as shown upon a map designated as the Zoning Map of the Village of Raymond and made part of this Ordinance and all the notations, references and other information shown thereon shall be as much a part of this ordinance as if the matters and information set forth by said map were all fully described herein.
(b)
Zoning map: For the purpose of general administration, the zoning map shall be kept on file at Village Hall. The zoning map is correct only as the date of publication and is for general informational purposes only.
(c)
Determination of zoning district boundaries: District boundaries shall be determined by measurement from and as shown on the Zoning Map, and in case of any question as to the interpretation of such boundary lines the Plan Commission shall interpret the map according to the reasonable intent of this Ordinance.
(1)
Unless otherwise specifically indicated or dimensioned on the map, the district boundaries are normally lot lines; section, quarter section, or sixteenth section lines; or the center lines of streets, highways, railways or alleys.
(d)
Additional maps adopted: The following maps are hereby adopted and made part of this ordinance and are on file in the Village Hall:
(1)
Floodplain zoning maps as per the Village of Raymond Code as amended from time to time.
(e)
Identification of official ordinance and map: The text of the zoning regulations and the corresponding zoning map shall be kept on file in the offices of the Village and any other copies thereof shall be purely informational and shall not have the status of law.
(Ord. No. 2024-6-24, 10-28-2024)
(a)
Right to appeal: Any person aggrieved, or any officer, department, board or bureau of the Village affected by a decision of the Zoning Administrator or of the Plan Commission may appeal such decision to the Board of Appeals as hereinafter established, provided such appeal be taken within a reasonable time, as provided by the rules of said Board of Appeals, and provided such appeal falls within the classification as set forth under the powers of the Appeal Board.
(b)
Appeals restricted: Unless a variance from the basic zoning regulations is sought (e.g. a request for a 30 foot building setback where a 50 foot setback is required by the regulations of the applicable zoning district), this Section shall not apply to decisions of the Plan Commission relating to the following: Site Plan and Plan of Operations; Signs of a temporary or permanent nature; Residential Accessory Structures; Conditional Use requests. In a case where a variance from the basic zoning regulations is sought, the Plan Commission may file a recommendation with the Board of Appeals outlining its opinion and findings as they relate to the issue(s) being appealed.
(c)
Procedure: Refer to Section 25-3-2 of this Code.
(d)
Administrative appeal: Any person aggrieved by any decision by the Village Board for the Village of Raymond with regards to this ordinance may request such review of such decision in accordance with the procedures as set forth in the Municipal Code for the Village of Raymond and/or Wis. Stats., ch. 68.
(e)
Further appeal: Any person or persons aggrieved by any decision of the Board of Appeals, or any taxpayer, or any officer, department, board or bureau of the village may appeal from a decision of the Board of Appeals within 30 days after the filing of the decision in the office of the Board of Appeals in the manner provided in Wis. Stats. § 62.23(7)(e)10.
(Ord. No. 2024-6-24, 10-28-2024)
(a)
Upon denial by the Village Board or Planning Commission of any application by a property owner or his/her authorized agent for a zoning/comp plan text or map amendment, conditional use, site plan review, appeal or variance, no further application concerning any or all of the same property that is substantially the same as the application denied shall be made within six (6) months from the date of such denial.
(b)
Any such application may be withdrawn at any time; provided, that if the request for withdrawal is made after publication of the notice of any public hearing, no application which is substantially the same on all or any part of the same property may be filed within six (6) months of the withdrawal date. All such withdrawal requests must be done/confirmed in writing.
(c)
Whenever consideration of such an application is deferred or adjourned at the request of the property owner or authorized agent, after notice of any public hearing has been first published, the applicant shall bear the additional advertising and mailing costs.
(d)
In no event shall there be any refund of fees in the case of a denial, deferral, or withdrawal.
(Ord. No. 2024-6-24, 10-28-2024)
(a)
Enforcing officer: The Zoning Administrator or their designee shall be the enforcing officer of this Code.
(b)
Penalties: Any person, firm, company, or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this ordinance, shall be subject to a forfeiture of not less than $20.00 and not to exceed the sum of $1,000.00 for each offense, together with the costs of the action, and in default of the payment thereof, shall be imprisoned in the County Jail as contracted by the Village of Raymond, for a period not to exceed 6 months, or until such forfeiture and the subsequent costs have been paid. Each day that a violation is permitted to exist shall constitute a separate violation and be punishable as such.
(c)
Declared nuisances: Any building erected, structurally altered, or placed on a lot, or any use carried on in violation of the provisions of this ordinance is hereby declared to be a nuisance per se, and the Village may apply to any Court of competent jurisdiction to retain or abate such nuisance.
(d)
Enforcement by injunction: Compliance with the provisions of this Ordinance may also be enforced by injunction order at the suit of the Village or one or more owners of real estate situated within an area affected by the regulations of this ordinance.
(Ord. No. 2024-6-24, 10-28-2024)
(a)
All persons, firms or corporations performing work which by this chapter requires the issuance of a permit shall pay a fee for such permit to the Village of Raymond Zoning Administrator to help defray the cost of administration, investigation, advertising and processing of permits and variances in accordance with the schedule maintained by the Village Clerk as amended from time to time by resolution of the Village Board.
(b)
The Village of Raymond shall be exempt from payment of any of the above fees in Subsection (a).
(Ord. No. 2024-6-24, 10-28-2024)
(a)
The several sections, subsections, and paragraphs of this Ordinance are hereby declared to be severable. If any section, subsection, paragraph, or subparagraph of this ordinance shall be declared by a decision of a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the other provisions of this ordinance, or of the section of which the invalid portion or paragraph may be a part.
(Ord. No. 2024-6-24, 10-28-2024)
- ADMINISTRATION AND ENFORCEMENT
(a)
The Zoning Administrator is hereby designated as the administrative and enforcement officer for the provisions of this ordinance. For such duties they may be provided with the assistance of such additional persons as they may designate.
(1)
Designated. The village board shall designate a zoning administrator for the village, under the terms of a separate agreement between the zoning administrator and village.
(2)
Term, appointment, and duties. The Zoning Administrator shall be appointed for an indefinite term subject to agreement between the zoning administrator and village. The Zoning Administrator shall have the following powers and duties:
a.
Advise applicants of the provisions of this ordinance; assist them in preparing permit applications and appeals and assure that the regional flood elevation for the proposed development is shown on all permit applications.
b.
Promulgate policies and procedures as necessary to administer and enforce this Code.
c.
Determine that all zoning permit applications and their constituent plans, sign permit applications and their constituent plans, and site plans comply with all the provisions of this Chapter.
d.
Keep records of all official actions such as: All permits issued, inspections made, work approved, maintain documentation of certified lowest floor and regional flood elevations for floodplain development, and maintain records of water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments.
e.
Investigate, prepare reports, and report violations of this ordinance to the appropriate municipal zoning agency and the municipal attorney for prosecution.
f.
In case of any finding of a violation of a provision of this Code, notify in writing, the actual violator where known, owner of the property on which the violation has taken place and the Village Board, indicating the nature of the violation and the action necessary to correct it. Following such notice, issue citations for violations of this Code.
g.
Carry out such additional responsibilities as are hereinafter set forth by the provisions of this ordinance.
(3)
Authority: In the enforcement of said ordinance, the Zoning Administrator shall have the power and authority for the following:
a.
At any reasonable time and for any proper purpose to enter upon any public or private premises as provided by law and make inspection thereof.
b.
Upon reasonable cause or question as to proper compliance, to revoke as provided by law any Building Permits or occupancy permit, and issue cease and desist orders requiring the cessation of any building, moving, alteration or use which is in violation of the provisions of this ordinance, such revocation to be in effect until reinstated by the Zoning Administrator or the Board of Appeals; or take any other action as directed by the Village Board to ensure compliance with or to prevent violation of its provisions.
c.
In the name of the Village and with authorization of the Village Board commence any legal proceedings necessary to enforce the provisions of this ordinance, including the collection of forfeitures provided for herein.
(Ord. No. 2024-6-24, 10-28-2024)
(a)
Zoning complaints.
(1)
The Zoning Administrator shall only require follow-up and investigation to complaints, that pertain to the Zoning Code, from the public when one of the following events occur:
a.
The complaint is received verbally, or written, to the Zoning Administrator from a Village Board member.
b.
When two (2) or more written forms about the same complaint are received from separate individuals from separate addresses.
(2)
Upon a valid zoning complaint being filed with the Zoning Administrator per the above:
a.
The Zoning Administrator shall investigate the complaint to determine the validity and next course of action. Such action may include a site visit, a discussion with the property owner, and/or a written letter.
b.
Once a zoning violation appears affirmed the Zoning Administrator will write a letter to the property owner detailing the complaint and potential remedies. Property owners will have no more than thirty (30) days to remedy a violation.
c.
If continued violations occur the Zoning Administrator may work with the Village Attorney and Sheriff on potential legal action including fines.
(Ord. No. 2024-6-24, 10-28-2024)
(a)
Districts mapped: The Village of Raymond is hereby divided into zoning districts as shown upon a map designated as the Zoning Map of the Village of Raymond and made part of this Ordinance and all the notations, references and other information shown thereon shall be as much a part of this ordinance as if the matters and information set forth by said map were all fully described herein.
(b)
Zoning map: For the purpose of general administration, the zoning map shall be kept on file at Village Hall. The zoning map is correct only as the date of publication and is for general informational purposes only.
(c)
Determination of zoning district boundaries: District boundaries shall be determined by measurement from and as shown on the Zoning Map, and in case of any question as to the interpretation of such boundary lines the Plan Commission shall interpret the map according to the reasonable intent of this Ordinance.
(1)
Unless otherwise specifically indicated or dimensioned on the map, the district boundaries are normally lot lines; section, quarter section, or sixteenth section lines; or the center lines of streets, highways, railways or alleys.
(d)
Additional maps adopted: The following maps are hereby adopted and made part of this ordinance and are on file in the Village Hall:
(1)
Floodplain zoning maps as per the Village of Raymond Code as amended from time to time.
(e)
Identification of official ordinance and map: The text of the zoning regulations and the corresponding zoning map shall be kept on file in the offices of the Village and any other copies thereof shall be purely informational and shall not have the status of law.
(Ord. No. 2024-6-24, 10-28-2024)
(a)
Right to appeal: Any person aggrieved, or any officer, department, board or bureau of the Village affected by a decision of the Zoning Administrator or of the Plan Commission may appeal such decision to the Board of Appeals as hereinafter established, provided such appeal be taken within a reasonable time, as provided by the rules of said Board of Appeals, and provided such appeal falls within the classification as set forth under the powers of the Appeal Board.
(b)
Appeals restricted: Unless a variance from the basic zoning regulations is sought (e.g. a request for a 30 foot building setback where a 50 foot setback is required by the regulations of the applicable zoning district), this Section shall not apply to decisions of the Plan Commission relating to the following: Site Plan and Plan of Operations; Signs of a temporary or permanent nature; Residential Accessory Structures; Conditional Use requests. In a case where a variance from the basic zoning regulations is sought, the Plan Commission may file a recommendation with the Board of Appeals outlining its opinion and findings as they relate to the issue(s) being appealed.
(c)
Procedure: Refer to Section 25-3-2 of this Code.
(d)
Administrative appeal: Any person aggrieved by any decision by the Village Board for the Village of Raymond with regards to this ordinance may request such review of such decision in accordance with the procedures as set forth in the Municipal Code for the Village of Raymond and/or Wis. Stats., ch. 68.
(e)
Further appeal: Any person or persons aggrieved by any decision of the Board of Appeals, or any taxpayer, or any officer, department, board or bureau of the village may appeal from a decision of the Board of Appeals within 30 days after the filing of the decision in the office of the Board of Appeals in the manner provided in Wis. Stats. § 62.23(7)(e)10.
(Ord. No. 2024-6-24, 10-28-2024)
(a)
Upon denial by the Village Board or Planning Commission of any application by a property owner or his/her authorized agent for a zoning/comp plan text or map amendment, conditional use, site plan review, appeal or variance, no further application concerning any or all of the same property that is substantially the same as the application denied shall be made within six (6) months from the date of such denial.
(b)
Any such application may be withdrawn at any time; provided, that if the request for withdrawal is made after publication of the notice of any public hearing, no application which is substantially the same on all or any part of the same property may be filed within six (6) months of the withdrawal date. All such withdrawal requests must be done/confirmed in writing.
(c)
Whenever consideration of such an application is deferred or adjourned at the request of the property owner or authorized agent, after notice of any public hearing has been first published, the applicant shall bear the additional advertising and mailing costs.
(d)
In no event shall there be any refund of fees in the case of a denial, deferral, or withdrawal.
(Ord. No. 2024-6-24, 10-28-2024)
(a)
Enforcing officer: The Zoning Administrator or their designee shall be the enforcing officer of this Code.
(b)
Penalties: Any person, firm, company, or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this ordinance, shall be subject to a forfeiture of not less than $20.00 and not to exceed the sum of $1,000.00 for each offense, together with the costs of the action, and in default of the payment thereof, shall be imprisoned in the County Jail as contracted by the Village of Raymond, for a period not to exceed 6 months, or until such forfeiture and the subsequent costs have been paid. Each day that a violation is permitted to exist shall constitute a separate violation and be punishable as such.
(c)
Declared nuisances: Any building erected, structurally altered, or placed on a lot, or any use carried on in violation of the provisions of this ordinance is hereby declared to be a nuisance per se, and the Village may apply to any Court of competent jurisdiction to retain or abate such nuisance.
(d)
Enforcement by injunction: Compliance with the provisions of this Ordinance may also be enforced by injunction order at the suit of the Village or one or more owners of real estate situated within an area affected by the regulations of this ordinance.
(Ord. No. 2024-6-24, 10-28-2024)
(a)
All persons, firms or corporations performing work which by this chapter requires the issuance of a permit shall pay a fee for such permit to the Village of Raymond Zoning Administrator to help defray the cost of administration, investigation, advertising and processing of permits and variances in accordance with the schedule maintained by the Village Clerk as amended from time to time by resolution of the Village Board.
(b)
The Village of Raymond shall be exempt from payment of any of the above fees in Subsection (a).
(Ord. No. 2024-6-24, 10-28-2024)
(a)
The several sections, subsections, and paragraphs of this Ordinance are hereby declared to be severable. If any section, subsection, paragraph, or subparagraph of this ordinance shall be declared by a decision of a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the other provisions of this ordinance, or of the section of which the invalid portion or paragraph may be a part.
(Ord. No. 2024-6-24, 10-28-2024)